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 Post subject: Possession by a non-resident
PostPosted: Sun Sep 04, 2016 11:36 pm 
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Joined: Sun Sep 04, 2016 11:29 pm
Posts: 3
Hello all,

I'm a Mass resident and I'm planning a roadtrip that will take me through DE. I want to make a couple of stops in your state so FOPA won't cover me if I bring my handgun. I realize that I won't be able to carry and I'm trying to make sure that I can legally have it locked up in the trunk while stopping to sighsee in DE. It appears that DE does not require a license to possess a handgun - is that correct and does that apply to non-residents?

Thanks!


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 Post subject: Re: Possession by a non-resident
PostPosted: Mon Sep 05, 2016 12:54 am 
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Joined: Sat Mar 06, 2010 3:30 pm
Posts: 1556
Location: Newark, DE
Welcome to Delaware! We do not require a license for mere possession. Carrying concealed on or about your person is a felony without a CC license that we recognize for reciprocity. You can either transport away from your person, such as in your trunk, or you can carry openly. If you OC keep the firearm as visible as possible - the dash and empty passenger seat are recommended places to put your pistol while in the vehicle, use an OWB holster and don't let your shirt / jacket cover the gun while afoot. Pistols may be loaded but rifles and shotguns may not be loaded in, on, or against a motor vehicle. Be mindful that Delaware is a small state so it's easy to end up in a neighboring state with MUCH more restrictive laws.

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 Post subject: Re: Possession by a non-resident
PostPosted: Mon Sep 05, 2016 2:30 am 
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Joined: Mon Mar 08, 2010 8:30 pm
Posts: 2156
Location: Newark, DE
Remember, putting a loaded gun in the trunk without a CCDW is concealing. Empty firearm and lock ammo in glove box if not open carrying.


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 Post subject: Re: Possession by a non-resident
PostPosted: Mon Sep 05, 2016 5:06 am 
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Posts: 817
1911turbo wrote:
Hello all,

I'm a Mass resident and I'm planning a roadtrip that will take me through DE. I want to make a couple of stops in your state so FOPA won't cover me if I bring my handgun. I realize that I won't be able to carry and I'm trying to make sure that I can legally have it locked up in the trunk while stopping to sighsee in DE. It appears that DE does not require a license to possess a handgun - is that correct and does that apply to non-residents?

Thanks!

As a state, Delaware is MUCH more friendly to gun owners than Massachusetts. Come on down!!

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 Post subject: Re: Possession by a non-resident
PostPosted: Mon Sep 05, 2016 7:40 am 
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Joined: Wed Dec 19, 2012 12:23 pm
Posts: 1612
Location: Newark DE
1911turbo wrote:
Hello all,

...while stopping to sightsee in DE. It appears that DE...



Wait, what? I don't think I've ever heard that terminology used for this state!! :o

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 Post subject: Re: Possession by a non-resident
PostPosted: Mon Sep 05, 2016 9:48 am 
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Joined: Sun Sep 04, 2016 11:29 pm
Posts: 3
astro_wanabe wrote:
Welcome to Delaware! We do not require a license for mere possession. Carrying concealed on or about your person is a felony without a CC license that we recognize for reciprocity. You can either transport away from your person, such as in your trunk, or you can carry openly. If you OC keep the firearm as visible as possible - the dash and empty passenger seat are recommended places to put your pistol while in the vehicle, use an OWB holster and don't let your shirt / jacket cover the gun while afoot. Pistols may be loaded but rifles and shotguns may not be loaded in, on, or against a motor vehicle. Be mindful that Delaware is a small state so it's easy to end up in a neighboring state with MUCH more restrictive laws.

Thanks. We'll try to come down through PA (where I can carry) and avoid NJ completely.


Amy Blackthorn wrote:
Remember, putting a loaded gun in the trunk without a CCDW is concealing. Empty firearm and lock ammo in glove box if not open carrying.

I assume loaded gun in glovebox is also a no-go?


Kuntryboy816 wrote:
Wait, what? I don't think I've ever heard that terminology used for this state!! :o

You guys have a huge doctor's bag and a giant Amish man :lol:


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 Post subject: Re: Possession by a non-resident
PostPosted: Mon Sep 05, 2016 11:48 am 
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Joined: Tue Feb 11, 2014 8:49 am
Posts: 595
Location: NOT Bear - Christiana Area
1911turbo wrote:
I assume loaded gun in glovebox is also a no-go?


You are correct. The only state I ever hear of allowing that was SC. Is the another now?

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 Post subject: Re: Possession by a non-resident
PostPosted: Mon Sep 05, 2016 11:53 am 
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Joined: Sun Sep 04, 2016 11:29 pm
Posts: 3
NCC wrote:
1911turbo wrote:
I assume loaded gun in glovebox is also a no-go?


You are correct. The only state I ever hear of allowing that was SC. Is the another now?

I'm actually looking into that right now and yes, SC allows a loaded handgun in the glovebox (though it appears that you have to leave the glovebox unlocked!), which is nice since they don't give out non-resident licenses unless you own property in SC and they don't recognize any of my permits.


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 Post subject: Re: Possession by a non-resident
PostPosted: Mon Sep 05, 2016 12:07 pm 
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Joined: Sat Mar 06, 2010 3:30 pm
Posts: 1556
Location: Newark, DE
1911turbo wrote:
Thanks. We'll try to come down through PA (where I can carry) and avoid NJ completely.

You also will want to steer clear of MD on the entire west and south sides of the state.
1911turbo wrote:
Amy Blackthorn wrote:
Remember, putting a loaded gun in the trunk without a CCDW is concealing. Empty firearm and lock ammo in glove box if not open carrying.

I assume loaded gun in glovebox is also a no-go?

Actually a handgun being loaded or not doesn't matter within Delaware. Firearms are always considered deadly weapons whether loaded or not. For a charge of Carrying a Concealed Deadly Weapon without a license there's really just 3 things to be considered - whether or not there was a deadly weapon, if it was concealed from view, and if it was "upon or about" your person. As I said firearms are always deadly weapons. Even a little bit of concealment is enough to earn a felony - if you're going to OC, it needs to be REALLY out in the open, don't try to do it halfway. If the firearm is going to be transported in a concealed fashion it needs to be in a place that is not "upon or about" your person, e.g. it needs to be in a place that is not accessible to you. Whether or not the firearm is "about" your person is determined (according to case law, Dubin v. State, 397 A.2d 132 (Del. 1979)) "by considering the immediate availability and accessibility of the weapon to the person" based on 3 factors: "(1) Would the defendant have to appreciably change position in order to reach the weapon? (2) could the defendant reach the weapon while driving? and (3) how long would it take for a defendant to reach the weapon, if the defendant were provoked?"

So a firearm in the glove box, center console, under your seat, etc. is a no-go, but a trunk that you can't easily reach into - especially a locked one - is fine, loaded or not. Again though rifles / shotguns can't be loaded in, on, or against a motor vehicle and you need to abide by the storage requirements of FOPA while transiting to / from DE.

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 Post subject: Re: Possession by a non-resident
PostPosted: Mon Sep 05, 2016 4:56 pm 
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Joined: Thu Feb 20, 2014 9:49 am
Posts: 116
One other odd rule to be aware of: Our preemption law is mostly pretty good, so no need to worry about crossing the street into a different municipality with some crazy ban. But the big exception is that the state park and state forest systems have regulations prohibiting possession except for hunters who are actually hunting. Arguably, even having an unloaded pistol locked up in your trunk is a no-no in a state park. The state park system also includes some things you might not expect, like the Brandywine Zoo in Wilmington.


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